Government proposals for judges appointed by the fresh National Judicial Council (NRS) are increasingly controversial. In particular, the plan to force judges to publically express "active regret" was faced with severe legal criticism. According to Prof. Ryszard Piotrowski, a constitutionalist who appeared in Poland24.pl, specified actions are a manifest violation of the rule of judicial independence, 1 of the fundamental guarantees of the democratic regulation of law.
Prime Minister Donald Tusk and Justice Minister Adam Bodnar met with part of the legal community to discuss the improvement of the judiciary and the restoration of the regulation of law. During the talks, a plan was presented to retreat any of the judicial promotions made after 2017. The government considers these nominations invalid due to the fact that they were carried out by the KRS, which the current authority does not consider legal.
The government task provides that any judges, in order to avoid degradation, could make public self-criticism. In practice, this would mean that judges would gotta admit that they had made a mistake by cooperating with the KRS. This, according to the government, is expected to be a form of clearing the justice strategy of persons associated with the erstwhile power.
A controversial task breaks the rule of independence
The thought was met with criticism, especially from the judicial and constitutional circles. According to prof. Piotrowski, specified an initiative is incompatible with the basic principles of the functioning of courts. The prof. pointed out that judges would be faced with a dramatic choice – either to express “active regret” by admitting their cooperation with the KRS, or to undergo disciplinary proceedings, which could consequence in expropriation.
Piotrowski described this as an effort to exert force on judges. The judges, according to the professor, would act under a "pistol", which would mean violating the independency and independency of the judiciary.
Violation of the Constitution
Professor Piotrowski emphasized that the division of judges into groups subject to various forms of disciplinary proceedings is simply a public violation of the constitution. In his opinion, these actions undermine the rule of division of power, which is 1 of the pillars of the democratic regulation of law. Judges must not be active in any way in political activity or under force from the executive authority.
He besides pointed out that judges who were appointed in accordance with the laws in force at the time should not be punished for complying with the law. According to Piotrowski, the full situation leads to an absurd situation where the government consults elected judges, how to destruct others, which in itself raises serious constitutional doubts.
What about the judges appointed by the KRS?
The uncertainty about the future of judges appointed by the fresh KRS may lead to further deepening of the crisis in Polish judiciary. Legal authorities specified as Prof. Piotrowski indicate that the proposed solutions endanger not only the destabilisation of the system, but besides the undermining of citizens' assurance in the institutions of the judiciary.
The current actions of the government seem to be an effort at political elimination of those associated with erstwhile governments. This in turn raises questions about the future of Polish democracy and the independency of the courts, which should act regardless of the changing political authorities.
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